Enforcing a Child Custody Order Or Visitation Agreement

Violations of a child custody order or a visitation agreement can be serious and sometimes frightening because they might involve actions that pose a danger to the well-being of a child. If you feel that your child is involved in such a violation, you have several options both under civil and criminal law. Regardless of whether the remedy is sought under civil or criminal law, the other party is still entitled to notice and a proper hearing.

Civil Remedies

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Civil remedies usually involve some form of monetary reimbursement or court order decreeing that the other spouse do something or refrain from doing something. Unlike criminal remedies, civil remedies are aimed at alleviating the wrongdoings rather than punishing the offending person. Some civil remedies for violations of a child custody order are:

  • Contempt of court: The court may hold the violating party in contempt of court if there has been a previous court order involved. Contempt of court typically involves a fine for the violating party, as well as further orders and instructions, such as returning the child to the other parent.
  • Injunctions and Restraining Orders: These are court orders which require the other party to take certain courses of action or to refrain from certain acts. These can include orders to stay a certain distance from a child, or orders not to contact the child. The party seeking an injunction or restraining order must usually be able to prove that other remedies (such as money damages) are insufficient to correct the situation.
  • Monetary damages: In certain cases, one parent may be able to obtain money damages if the violation has resulted in ascertainable (provable) losses to the parent or child.
  • Modification of the child custody/support/visitation order: Sometimes the offending spouse may be in violation simply because the child custody or visitation agreement has no longer become practical. For example, this may be due to a change in employment or a relocation to a different area. In such cases modifying the agreement can be a peaceable way to avoid further conflicts.

Criminal Remedies

In serious cases, the court may opt to enforce criminal sanctions in attempts to enforce a child custody order. Unlike civil remedies, these are meant to punish the offending spouse as well as deter future violations of such agreements. They are typically reserved for more egregious instances such as those involving kidnapping or repeated violations occurring over an extended period of time.

  • Criminal liability: If there are criminal charges involved such as kidnapping or false imprisonment, then a criminal suit may be initiated against the other party. A lawyer will be able to determine whether criminal charges lie and whether a criminal suit will likely be successful
  • Punitive Modifications of Custody Order: The judge may choose to modify the custody or visitation order, as in a civil remedy. However, under a criminal, punitive modification, the changes will be made in order to reflect a punitive intent to enforce the decree, such as reducing visitation time or eliminating certain rights altogether.
  • Posting of a bond: A bond is a certain amount of monetary payment that is issued upon the violating party in order to compel them to comply with the agreement. If the person cannot afford to pay, a lien may be levied against their property such as a house or other valuable possessions.
  • Contempt of court: This is similar to civil contempt of court, except that in criminal contempt of court, the violating party cannot avoid jail time by paying a fee. Usually reserved for repeated violations of custody agreements or to enforce prior instances of contempt.

Remedies for Instances not Involving a Custody Order or Visitation Agreement

In some instances, clear violations of the law may occur even before a child custody arrangement has been reached. Although it is always best to be prompt in obtaining a child custody arrangement, in the event that a violation occurs, a parent may take the following action in the absence of an agreement:

Sue for interference: The aggrieved party can sometimes file a claim for interference if the violation has resulted in some form of loss to the parent (usually dealing with child support). This is rarely granted, but some states have statutes covering interference claims. Alternatively, the parent may sue for infliction of emotional distress if the other person has intended to cause such distress through their actions.

Criminal Charges: As discussed above, criminal charges may be pressed if the person in violation has committed some form of crime such as kidnapping. In such cases, the charges may be pressed even in the absence of a formal custody and visitation agreement.

Exercise of "Court Discretionary Powers": In child custody cases, courts have much discretion to make decisions that are in the best interest of the child. "Discretion" means that the court can exercise their own powers of judgment to make a ruling or decision, even if such ruling may be contrary to public policy or case law. For example, the court may make the decision to enforce restrictions on the violating parent or to require additional mandates aside from a regular custody order.

Do I need a Lawyer to Enforce the Custody and Visitation Order?

In some instances, hiring a lawyer is not the parent's most immediate concern, especially if the case involves an emergency such as a kidnapping or if the child cannot be located. In such emergencies, one should contact local police enforcement authorities in order to address the situation. However, after the situation has been remedied and the child's safety has been ensured, the person may wish to contact a lawyer to see what additional courses of action they have.

Even in less extreme cases, a parent would still be wise to contact a lawyer regarding violations of a child custody order. When contacting the lawyer, here are some points to consider in conclusion:

  • Determine whether a formal child custody and visitation arrangement has been formally issued for the child and the parents. If none has been issued, it is probably best to obtain one diligently and without delay
  • In the event of an actual violation of the custody order, understand the basic remedies available to you, and how they are different according to civil and criminal law settings
  • If you cannot arrive at a suitable remedy, the court may still be able to assist you using their discretionary powers in order to issue a different decree

Enforcing a Child Custody Order Or Visitation Agreement

Ken LaMance is the Corporate Counsel for LegalMatch.com in South San Francisco, California. LegalMatch ( ) is fast, free, and confidential. LegalMatch is America's original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer's case to LegalMatch lawyers in their city or county based on the specifics of the consumer's case, lawyer's location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and forums ( http://forums.legalmatch.com/ ) on nearly every topic.

Infant Breathing How To Tell Whats Normal And Whats Not

Infant Breathing:

When you bring your infant home from the hospital, you suddenly realize you're on your own. Where are those wonderful maternal-infant nurses? Who do you ask for advice when you have questions about what is normal infant behavior and what warrants a call to the doctor? Among your many questions, no doubt you will have concerns about your baby's breathing. It goes without saying that you should call your pediatrician immediately if you suspect your infant is having serious trouble breathing. However, there are some normal breathing irregularities that may cause you concern, but should not cause you to panic.

Infant

What's Normal?

By the time your baby is born, he's been essentially underwater for months. It takes time for his nasal passages to clear. According to pediatrician Robert Sears, "many newborns will have a stuffy nose for several weeks." This harmless stuffiness can interfere with feeding and breathing, but is "virtually never a reason to page your doctor after hours." Dr. Sears recommends a squirt of nasal saline into the nose and suction with a bulb syringe. (You probably left the hospital with the one used on your newborn).

Another mild breathing problem is chest congestion caused by saliva or regurgitated milk. Again, Dr. Sears states that this is not a reason to phone your doctor after hours. Try holding your baby upright and letting him sleep upright in your arms or a carseat, and telephone your doctor during business hours to be sure your baby's symptoms are normal.

Newborns may also exhibit rapid breathing or panting. According to the Children's Hospital of Philadephia, "rapid breathing is more than 60 breaths each minute." An overheated baby or one who is upset and crying may breathe more rapidly, but once the baby stops crying or is no longer too hot, the rate should slow. If rapid breathing or panting comes and goes, and your baby has no other sign of illness, you probably have no reason to worry.

Babies occasionally will take in too much milk and get choked on it. This, too, is probably harmless. However, persistent coughing or choking warrants an exam by your pediatrician.

What's Not Normal?

Any sign of your baby's breathing irregularity is, of course, going to elicit your concern, but it is important to note when "normal" becomes "abnormal."

Croup, with its seal-like, barking cough, sounds terrible, but pediatricians say that, unless a child is having trouble breathing, immediate treatment is not necessary. A parent listening to a croupy child, though, may have trouble distinguishing what is a normal symptom and what means respiratory distress.

Signs of respiratory distress in infants are similar to those in adults. Flaring nostrils, for instance, indicate the baby is struggling to take in oxygen. A blue color similarly indicates a lack of oxygen. If baby's chest is caved in, or he is grunting, he may have a serious respiratory problem. If you see any of these symptoms, get immediate medical attention.

Just Be Safe

When it comes to your baby, you will consider any sort of breathing irregularity to be "abnormal," so you should always trust your instincts and telephone your doctor if you have concerns for your baby's safety. Keep in mind, though, that baby's breathing is different from that of an adult, so your concern does not have to turn into panic, but just in case keep your pediatrician's office number handy.

Infant Breathing How To Tell Whats Normal And Whats Not

Katie Franklin is a researcher and writer on parenting, children and child development. She is a regular contributor at Child Development Media Inc She also contributes at Quality Toys and Hobbies

A Babe Ruth Baseball Bat Sells For $1.3 Million!

As incredible as it may sound, the old baseball bat that Babe Ruth used in hitting a home run in the very first game at Yankee Stadium, sold for nearly .3 million at an auction recently.

Sotheby's auction house sold the bat on December 2, 2006 at their auction. No other baseball bat in history has ever come close to selling for as much as this one used by the immortal Babe Ruth.

Babe

In fact, the second highest bat that has ever been sold was one that went for 7,610 in 2001. It was a bat used by the infamous "Shoeless" Joe Jackson. You may remember him as being one of the players who were banned from baseball for their part in the famous Chicago White Sox scandal in 1919.

Who purchased the Babe's bat? At the moment the buyer is not known. It is believed that the person is a supposed collector and hobbyist of baseball collectables. What may be even more incredible is that a spokesman for the buyer told reporters afterwards that they were prepared to pay an even higher amount for the baseball bat.

In a bit or irony, the bat was used to hit the home run on April 18, 1923, in a game against who else, but their arch rivals, the Boston Red Sox. What is even more ironic is the fact that the bat sold for what it nearly cost to build Yankee Stadium at the time. The original Yankee Stadium was built at a cost of .4 million dollars. Hard to imagine isn't it?

How did the Babe Ruth baseball bat survive the test of time to get to this point? The story goes that Babe Ruth's agent, a woman by the name of Christy Walsh, originally gave the bat away in a home run contest many years ago. The player who won the bat held onto it through his death, and in his will, gave it to his personal nurse. She decided to try and sell the bat and use the funds to open up a cafe that she has always dreamed of doing. With a little help from others, Sotheby's became involved and the rest is now history.

Although this is the most expensive bat ever sold, it is not the most expensive price that has been paid for a piece of baseball memorabilia. The record holder? Currently, the record is million for the baseball that Mark McGwire hit for home run #70 in 1998. The buyer was a comic book artist by the name of Todd McFarlane.

A Babe Ruth Baseball Bat Sells For .3 Million!

You can find out more about the Babe Ruth Baseball Bat [http://www.Ball-Bats.InfoFromA-z.com/Babe_Ruth_Bat.html] as well as more information on all types of bats at [http://www.ball-bats.infofroma-z.com]

Claiming a Child on Your Federal Tax Return

Recent tax law changes have provided greater clarity in the rules regarding claiming a dependent child on your Federal tax return. The "Uniform Definition of a Child" became effective with the Working Families Tax Relief Act of 2004. This law cleared up some ambiguity regarding who has the right to claim a child and benefit from the dependency exemption, the child tax credit, the earned income credit (EIC), the child and dependent care credit, and the head of household (HOH) status.

The uniform definition of a child has four tests for claiming a child:

Child

1. Dependent children must live with the taxpayer for more than 6 months of the tax year;

2. Dependent must be a qualifying relative (born or legally adopted child of taxpayer, legitimate foster child, brother, sister, stepbrother, or stepsister of the taxpayer or descendant of such a relative);

3. The child must be under age 19 at the end of the tax year if not a full-time student or under age 24 if a full-time student;

4. In addition, the dependent child must not provide more than 50% of his or her own support for the calendar year.

Simple, right? Not exactly. There are instances where two people might try and claim the same child and meet several of the above tests. In those instances; there are "tie-breakers" or rules to sort out the one who can claim the kids. If two folks claim the same child on separate tax returns, only one will get the dependency exemption. The parent will get that right if the other party claiming the child is not a parent. If no parent is involved, the taxpayer with the higher adjusted gross income (AGI) will claim the qualifying child. If the child is claimed by two parents on separate returns, the child will be given to the one with whom the child lived the longest during the tax year. If the child lived the same amount of time with both, the child goes to the parent with the highest AGI. A taxpayer may sign a Form 8332 and grant a non-custodial parent the right to claim a child.

There are other factors to consider in situations where another person might try and claim your dependents. The first person to file a tax return may be given the dependents and the EIC etc by IRS. f that happens, you may be unable to efile and claim the kids as the return will be rejected electronically. In this situation a paper return can be filed with the dependents claimed. Once IRS gets the return and processes it, they will notify you of the discrepancy. An opportunity will be given to "prove" who is the taxpayer that may claim the child. Should a paper return claiming a child be upheld, a refund will generate and the other person who got a bogus refund will face a tax assessment. The IRS is cracking down hard on EIC fraud. Do not try and "trade off" dependents as there are severe penalties for abuse of the EIC.

Claiming a Child on Your Federal Tax Return

James Robert Coleman, E.A., A.T.A.
Enrolled Agent & Accredited Tax Advisor
Member: National Association of Enrolled Agents
Former IRS Revenue Officer, GS-11
http://www.exirsman.com

Some Interesting Facts About Baseball

Baseball is a fun game. It drives people crazy like anything.

It is considered to be one of the most popular games in America.

Babe

Here are some of the fun facts for you to know various activities that have happened in baseball.

In the baseball, a distance is measured to be 90 feet. Picture mound and home place are 60 feet, 8 inches apart from each other.

In 1997, it ended its oldest traditions. That was the first time Inter league began.

After that American league could play the National league at the time of regular season.
First league is believed to be played on 12/06/97.

Babe Ruth used to wear a leaf that would be under the cap.
The funny thing is that he used to change it after every two innings.

Cal Hubbard, umpire in Major league is the only one who was in both the games, baseball and football.

The baseball inventor is credited with firing the first shot, which was against civil war.
The National Baseball Hall of Fame & Museum was created in 1935. It was created for 100th anniversary celebration of baseball.

In one game of base ball fourteen players could hit only 14 runs.
Philadelphia manager has the highest number of victories. The total number is 3755.

A All-Star game was played in the year 1993. the players from National league and American league participated in that.
Out of 73 games played, 40 were won by the National league.

These were some of the facts about baseball. We shall come up with more fun facts in our forthcoming articles.

Some Interesting Facts About Baseball

Free Baseball Picks and Handicapping Betting System - More About Baseball

What Baseball Cards Are Worth Money

What once used to be a boy's collection of sports heroes is now considered as a hefty source of income provided that the requirements of rarity and authenticity are met. For a true baseball card collector, the price of the cards is no moment. He will get it no matter how unreasonable the price maybe. This is because for him, the possession of such rare baseball cards is priceless. So what baseball cards are worth money? It is one which is rare and authentic. In addition, more collectors are after those considered as vintage baseball cards since the rarity of it high. It seems that there is a consequent increase in value with how old the card is. Of course, the baseball card must be preserved as much as possible to its original state. Its condition also affects the value of the card.

Here is some list of the dream collection of baseball cards:

Babe

1. T206 Honus Wagner. This is considered as the king of all baseball cards valued at approximately M.

2. 1952 Topps Mickey Mantle. This is the rookie card of the baseball icon of 50's and 60's valued at 300k in perfect condition.

3. 1914 Baltimore News Babe Ruth. This entails an image of Babe Ruth in minor league. Extremely rare since there is only 3 to 4 known cards of this type.

4. M101 Sporting News Babe Ruth. It shows Babe Ruth throwing a baseball which was taken when he was in pro league.

5. T205 Eddie Plank. Hall of Fame Pitcher valued at around 0k in perfect condition.

What Baseball Cards Are Worth Money

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Baby Games

These days, all parents want their children to be the brightest in town. They spend a lot of money on educational toys and games that are supposed to make their kids extremely clever. It seems to be such a wonderful idea to do so. In contrast, there are other parents who are concerned that their children are growing up too quickly for their age. The world is full of contrasts and we as parents need to decide whether we want our kids to enjoy the childhood phase of their lives, or whether we want them to become super intelligent beings at a very tender age.

Things have been hyped up to such an extent that even baby toys are now being marketed as objects of mind inspiration. Baby toys are being made in bright colors for mind stimulation. There are still other baby toys that come with common phrases recorded in French, German and several other foreign languages. Many parents question the advantage of such toys for babies who have yet to learn and speak in their own basic language. Babies should be allowed to be babies, and given toys that help them be just that. It has been found that the best toys for babies are the ones that roll and rattle and emit sounds when squeezed, because they help them understand how things move and make noises; in addition such toys hold their attention for long periods of time and make them giggle and be happy.

Baby

When my daughter was still an infant, I devoted all my efforts on making sure that she enjoyed her childhood. I only got her toys in bright colors, that made nice sounds, were cute and that were cuddly. I found that my selection of her baby toys helped her no end in enjoying her childhood.

One of my better purchases for my daughter was not even a toy; it was a video. She seemed to be captivated when she saw the Baby Einstein videos. The colors and the music held her attention for the duration of the video. I am certain that she was learning and that her brain was being motivated without any harm to her.

You can never make a mistake when you buy baby toys for your infants. The toys may require your baby to lie on their tummies to help brace their muscles; but then this is something that all infants need to do. On the other hand, you may be more interested in teaching your baby different sounds and colors. Irrespective of what your baby's favourite toy is, their minds are being stimulated all the time. It is my considered opinion that we should not waste our time and efforts in making a genius of our infant. Instead, we should always try to bring up happy, healthy and intelligent kids. There is no need to force ourselves and our babies to go beyond the realms of a natural, happy and healthy growth for them.

Baby Games

Gregory Hepburn is an online marketer and entrepreneur who builds and publishes content websites. His website on Baby Games [http://www.educational-toy-and-game.com] has been published. Please visit [http://www.educational-toy-and-game.com] for more details.

Are You Embarrassed? How to Get Rid of Blackheads

Blackhead is also known as open comedo. It is a type of acne vulgaris, usually found in yellow or blackish bump on the skin. Black heads are usually found containing keratin and sebum. They are usually found on nose, ears, chin or back of your body. Black heads are not responsible for acne.

Blackheads are usually caused with deposits of dust, oil or other bacteria on the pores of your skin. Blackheads are usually caused to those people who have oily skins. They look ugly on your face or any type of body they appear. Teenagers are more prone to blackheads; even sometime in infants you can notice blackheads.

Infant

Some of the symptoms of due which black heads are formed are mentioned below: Blackheads are usually caused with oil, sebum and other cellular fragments which make hard plugs in hair follicles. One of the symptoms for blackhead is lack of water in body. Due to excel production of oil on face, or use of the make up which contains too much oil blackheads can cause. Constipation, indigestion, anemia, etc are some of the medical problems contribution towards growth of blackheads.

How to get rid of Blackheads? Removing black head is not hard task; you have option of visiting to your dermatologist and ask for the treatment. You can also follow some easy steps at home for removal of blackheads. You can also get a blackhead strip remover in market which lets you remove blackhead from nose. How to get rid of Blackheads is not a difficult task, you need to make little effort and have patience. Creams with benzoyl peroxide, azelaic acid, salicylic acid, retinoid and glycolic acids, helps you getting rid of blackheads.

Are You Embarrassed? How to Get Rid of Blackheads

Getting rid of acne is not a matter to worry. All you need is get right treatment done either home based or get a treatment from your dermatologist.
Balajee Kannan
Author: http://www.acnefaceproducts.com/how-to-get-rid-blackheads

The 5 Most Famous Baseball Cards

When you ask baseball card collectors which cards they would most like to get your hands on, most would agree on the top two - the T206 Honus Wagner and the 1914 Babe Ruth. There would probably be some disagreement after that, however. While condition of the card and market conditions certainly carry considerable influence over values, the following list includes five of the most valuable and recognizable cards in the baseball card collecting hobby.

Honus Wagner T206 - The most well-known rookie card in the baseball card collecting community, the Honus Wagner is generally treated as a work of art. It was included in the T206 set between 1909 and 1911 by the American Tobacco Company. Due to a dispute with the American Tobacco Company, between 50 and 200 cards were released to the public. The reasons behind the dispute continue to be questioned - whether Wagner didn't want his likeness included in packages of cigarettes or whether he wanted additional compensation. Whatever the reason, this limited availability made the T206 Honus Wagner the first valuable baseball card. Today, the card remains both an investment and a symbol of stature, as many famous individuals have bought or sold the card.

Babe

1914 Baltimore Sun Babe Ruth - printed in 1914 by the Baltimore Sun newspaper, the Babe Ruth rookie card has become the second-most valuable baseball card in the hobby. This 1914 set included Ruth with his Baltimore Orioles teammates, as well as the International League's Terrapins. The cards were available in blue or red and included a team schedule on the back. Given the overwhelming continued popularity of Babe Ruth with baseball card collectors, it is quite possible that this card will eventually replace the Honus Wagner as the most valuable card. For now, it stands as a firm number two with collectors.

1952 Topps Mickey Mantle - this Mickey Mantle card has been a darling of the baseball card collecting community for many years. The value of this Mantle card has fluctuated in price a bit over the past couple of decades, but remains popular with collectors and is widely considered the most valuable of cards printed during Mantle's career.

1951 Bowman Willie Mays - A PSA 9 Bowman Willie Mays card sold in a 2007 auction for over ,000, further establishing the card as one of the elite cards with collectors.

1933 Goudey Babe Ruth - of all Babe Ruth cards printed during his storied career, his 1933 Goudey cards remain the most widely recognizable. The 1933 Goudey issue included four Babe Ruth cards, reflective of his stature in the sport and in the hobby.

Honorable mention for top cards would have to go to the 1939 Play Ball Ted Williams and the 1949 Bowman Satchel Paige. Despite a spectacular career with the Boston Red Sox, the Splendid Splinter's rookie card is generally valued at a considerably price than Mantle's 1952 rookie card. While carrying a classic look, the 1939 Ted Williams is printed in black and white and visually is just not a particularly memorable card. Arguably the biggest name from the Negro Leagues, Satchel Paige had a brilliant career with relatively few baseball cards in circulation today. As a result, this card is seen priced at close to six figures in mint condition.

Rounding out the top ten would be an even more controversial task - Christy Mathewson, Ty Cobb, Hank Aaron, Lou Gehrig, Jackie Robinson, and several others could deserve a seat at that table.

The 5 Most Famous Baseball Cards

Babe Ruth baseball cards continue to be a popular choice in the baseball card collecting community. The Babe Ruth rookie card is the most valuable of these. Find out how to determine the value of Babe Ruth cards.

Living by Christian Principles in Economic Hardtimes

You are a child of God and you have just started working from home. The excitement of getting started is overwhelming, the anticipation of success is ever before your eyes and the start-up day has officially arrived.

Its been eight months and the excitement, anticipation and goals are now replaced with regrets, disappointments and a gloomy out look of any future success. This scenario is a common occurrence for many who desire to work from home. The problem for Christians in this situation is that they don't know who they are. A Christian is a child of God, who follows His principles (His Word, the Bible) for living.

Child

Philippians 4:19 - My God shall supply all your needs according to His riches in glory by Christ Jesus.

As you look at God's Word, you will see in Phil.4:19 ( ...according to...), that there are principles in god's Word that as a Christian, we must follow. These principles are only available to the children of God. If we as, the children of God, would finally act on the fact of who we are and what we have at our disposal, we would no longer be at the mercy of the world's failing financial system. As the children of God, we are successful only when we follow these principles of god's kingdom. The world's system is flawed and designed for the average person to fail. This is the reason that our country is in a financial turmoil and only the top ten percent have gone unscathed. In St. John 10:10, it reads; " The thief does not come except to steal, and to kill, and to destroy. I have come that they may life, and that they may have it more abundantly." Working from home requires a lot of patience, determination, research and faith. Following god's principles is the first step to reaching your goals. You must also have faith in God. You must believe that God is faithful and just, and a Rewarder of those who obey and follows His Word.

Once you know your rights as a child of God; You must know and believe within your heart that He will provide for you. The next step is to become familiar with His principles. The principles of God are His Word,( the Bible). You must read it daily to understand the nature of God and what He says about your given situation. In the Book of Joshua, God said, (paraphrased) Josh. 1:8 " If you meditate day and night on this word of the law and do according to all that is written in it, you will make your way prosperous and then you will have good success. Only God's Word gives you a guarantee of success, the world could never do that.

Now that you know who you are, you know that the Bible says God will provide and you know that the Word of God is your blue-print to success, you must now act on what you know. Now you must have faith in what you have learned and act on it. You can read, quote scripture or memorize it, but all of that is futile if you don't put the principles you have learned into practical action.

So it is not hard, it is just a matter of living as a Christian. Living according to Christian principles, and giving God all the glory. Remember, Jesus died for our sins and He redeemed us from the curse of the law. For sickness He has given us health, for poverty He has given of us wealth and for death He has given us eternal life.

Living by Christian Principles in Economic Hardtimes

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Samuel Logan is an entrepreneur who works full time from home. Samuel and his team are successful internet marketers from around the world and are devoted to equipping every team member with the knowledge and support needed to be successful.